September 2012 Archives

The Second Circuit Court of Appeals ruled this week that a court-appointed attorney and a conservator involved in an elderly man’s improper conservatorship were not entitled to absolute federal quasi-judicial immunity.

The plaintiff in the case, Daniel Gross, sued after spending 10 months in the locked ward of a Connecticut nursing home while under involuntary conservatorship.

Gross, an octogenarian New York resident, sought treatment in a Waterbury, Connecticut hospital in 2005. While there, a hospital employee filed an application for appointment of a conservator in Waterbury Probate Court. No one knows why.

The Second Circuit Court of Appeals ruled on Monday that two Queens County prosecutors are entitled to absolute immunity in Karla Giraldo's civil rights lawsuit.

If you read the Post or the Daily News, Giraldo's name may ring a bell. Giraldo's boyfriend, former State Senator Hiram Monserrate, brought her to a hospital emergency room in 2008 for treatment. She had a laceration above her left eye that required 20 stitches.

Giraldo claimed she was injured as a result of an "accident" that occurred when Monserrate tripped while bringing her a glass of water, causing shards to fly and cut her forehead. Hospital staff suspected that she was really a domestic violence victim — despite her express denials —-- and contacted the police.

Wednesday, U.S. District Judge Katherine Forrest agreed
with plaintiffs -- including Daniel Ellsberg of Pentagon Papers fame -- that the
NDAA might have a chilling effect on free speech and violate due process. The
Manhattan-based judge permanently enjoined enforcement of the
Act, and found that it did not "pass Constitutional muster," Reason reports.

The Obama administration will appeal the decision, according to Business Insider.

There are plenty of perks that came with being a Gen Y child: Goonies, slap bracelets, and Mall Madness. The first incarnation of New Kids on the Block. And participation ribbons. Y-ers get a pat on the back just for showing up.

Wednesday, the Second Circuit Court of Appeals decided to apply the "everyone wins" spirit of the We Generation to the most important intellectual property decision of our time: the Louboutin-Yves St. Laurent (YSL) red-soled shoe battle. Their decision? Christian Louboutin's sole deserves trademark protection, but Yves St. Laurent didn't infringe that trademark with its monochromatic shoes.

Felons aren’t supposed to have firearms. We all know that by now. But the Sentencing Guidelines take a felon firearm possessor’s intent into account. For example, there’s a six-level sentencing reduction for a felon who possessed a firearm solely for “lawful sporting purposes.”

About U.S. Second Circuit

U.S. Second Circuit features features news and information from the U.S. Court of Appeals for the Second Circuit, which hears appeals from U.S. District Courts in Connecticut, New York and Vermont. This blog also features news that would be of interest to legal professionals practicing in the 2nd Circuit. Have a comment or tip? Write to us.